Tue, Oct 28, 2025, 14:10:00
Point a, Clause 1, Article 6 of Decree No. 145/2025/ND-CP stipulating the delimitation of authority of local authorities at two levels, decentralization, and decentralization in the field of urban and rural planning states that the authority to approve urban and rural planning tasks is defined as planning related to administrative boundaries of two or more commune levels and general commune planning implemented by the Provincial People's Committee.
Point b, Clause 1, Article 6 also states that the planning scope is within the administrative boundaries of one commune-level administrative unit implemented by the Commune-level People's Committee.
Mr. Pham Trung Thanh asked, is the planning scope calculated for communes after the merger or before the merger? If a new commune implements planning tasks within the scope of 1 administrative unit in accordance with the conditions at Point b, Clause 1, Article 6 of Decree No. 145/2025/ND-CP, which authority approves the planning task is the Provincial People's Committee or the Commune People's Committee?
The Ministry of Construction responded to this issue as follows:
Based on Decree No. 145/2025/ND-CP dated June 12, 2025, stipulating the decentralization of authority of local governments at two levels, decentralization, and decentralization in the field of urban and rural planning, the subjects of implementation include new communes (after the merger).
Thus, when implementing planning tasks within the scope of 1 commune-level administrative unit (according to Resolution No. 1672/NQ-UBTVQH15 of the National Assembly Standing Committee on the arrangement of commune-level administrative units of Lang Son province in 2025), it must be implemented according to the provisions at Point b, Clause 1, Article 6 of Decree No. 145/2025/ND-CP, in which the authority to approve planning tasks is implemented by the People's Committee at the commune level (except for general planning of communes).
